Fiches Belges: Portugal

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. Proceedings are taken by agents of a public authority for establishing the identity of a person or for obtaining elements concerning that identity with coercive measures if necessary. The Criminal Police may check the identity of a person in a public place, a place open to the public or under police surveillance if that person is suspected of: having committed a crime; being the subject of an extradition or expulsion procedure; having entered or remained illegally on national territory, or if a detention order has been issued against him. In what concerns measures for judicial identification they can assume a request for recognition.

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of European Union and Convention of the Application of the Schengen Agreements.

* receive the request/decision for judicial cooperation

The judicial authority presiding over the relevant stage in the procedure.

* execute/recognise the measure (if other than the receiving authority)

Criminal Police Bodies.

Accepted languages for the request/decision

Portuguese or French.

Deadlines for the execution of the request/decision (where applicable)

Not applicable.

a. Special requirements

Requests for mutual assistance addressed to Portugal are processed in accordance with Portuguese law. However where the other State expressly requests it or if there is an international agreement, treaty or convention to that effect, assistance may be granted in accordance with the law of that State as long as it is not incompatible with the fundamental principles of Portuguese law and does not seriously endanger those involved in the procedure. Persons over the age of 16 must hold an identity document when in public places, open to public or under police surveillance. Where suspects cannot be identified under the procedures laid down by law, they may be taken by the police bodies to the nearest police station where they will be detained for the time strictly necessary to establish their identity, which may not exceed six hours. If necessary, photographs and fingerprints can be taken or other similar evidence recorded; suspects are asked to indicate their place of residence or the place where they may be found. The recognition of persons consists of placing the suspect among other persons with similar physical characteristics and protecting the witness identity.

b. Other useful information

The Minister of Justice may authorize the participation of foreign judicial and police authorities in criminal proceedings to be carried out in the Portuguese territory. Participation is permitted under compliance of the reciprocity condition and only by way of assistance to the Portuguese judicial or police authorities concerned in the proceedings, whose presence and direction is mandatory in all cases.